Q: I need a lawyer to help collect on a claim I filed at Stanley Mosk for 186k

4 Lawyer Answers
Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: Use a find a lawyer feature and look for cole room attorneys.

1 user found this answer helpful

Yelena Gurevich
Yelena Gurevich
Answered
  • Estate Planning Lawyer
  • Studio City, CA
  • Licensed in California

A: Correction. Collection attorneys.

2 users found this answer helpful

Nathan Wirtschafter
Nathan Wirtschafter
PREMIUM
Answered
  • Collections Lawyer
  • Encino, CA
  • Licensed in California

A: Successful collection of a judgment depends on gathering of information, thorough evaluation, and competent execution.

The attorney first gathers all available information from the creditor including: bank account information, list of possible assets, a description of the debtor's business, information about real and personal property, copies of cancelled checks, and so forth. If possible, the creditor should provide: all names used by the debtor, social security numbers, date of birth, phone number and other personal information.

The attorney can also send out post-judgment written discovery, such as interrogatories or requests for production. In addition, the debtor may be forced to appear for a judgment debtor examination. (Cal. Code Civ. Proc. 708.110). A debtor's failure to provide discovery or appear a debtor's examination is grounds to be found in contempt of court.

Second, the attorney evaluates the information to determine what assets can be seized.

Third, the attorney uses various legal techniques to enforce the judgment. For example a wage garnishment allows seizure of current and future wages. A writ of execution allows the seizure of bank account assets. An abstract of judgment secures interests in real property. A judgment may also be amended to add non-party alter ego defendants or simply to add additional names that the debtor uses. (Cal. Code Civ. Proc. 187).

However, the most important factor is patience. The plain truth is that it can take years to collect.

David H. Relkin agrees with this answer

David H. Relkin
David H. Relkin
Answered
  • Collections Lawyer
  • New York, NY

A: I agree with the response of Mr. Wirtschafter as to collection, but the question seems to imply that you do not have a judgment yet and that you are presenting your case to an Arbitration Tribunal. If so, I have handled over 100 Arbitrations around the Country and would be willing to consider the facts of your claim.

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